Community Service Orders replaced with Community Correction Orders

On 24 September 2018 the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 commenced which abolished community service orders (CSO).

Prior to 24 September 2018, a court could sentence an offender convicted of a crime to a CSO under Section 8 of the Crimes (Sentencing Procedure) Act 1999. Section 8 was then amended and the courts power to impose a CSO was replaced with the power to make a community correction order (CCO).

This means existing CSO’s have been converted into CCO’s. If you are convicted of an offence and sentenced to a CCO, this will appear on your criminal record.

Section 8 of the Crimes (Sentencing Procedure) Act gives a sentencing court the power to make a CCO instead of imposing a sentence of imprisonment on a convicted person.

Community Correction Orders

Part 7 of the Crimes (Sentencing Procedure) Act provides for sentencing procedures for community correction orders. Under this Part, an offender sentenced to a CCO must:

• Not commit any offence
• Appear before the court if called on to do so at any time during the term of the community correction order

Under s 89 of the Crimes (Sentencing Procedure) Act the court may impose additional conditions on a community correction order. The additional conditions of a CCO which may be imposed are:

• A curfew condition imposing a specified curfew (not exceeding 12 hours in any 24 hour period)
• A community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 500 hours or the number of hours prescribed by the regulations in respect of the class of offences to which the relevant offence belongs)
• A rehabilitation or treatment condition requiring abstention from alcohol or drugs or both
• A non-association condition prohibiting association with particular persons
• A place restriction condition prohibiting the frequenting of or visits to a particular place or area
• A supervision condition requiring the offender to submit to supervision
  -by a community corrections officer or
  – if the offender was under the age of 18 years when the condition was imposed, by a juvenile justice officer until the offender has reached that age

In other words, a court may impose a condition as part of a CCO that you must:

• Not leave your residence during certain hours
• Perform community service work
• Undertake rehabilitation treatment or not consume any drugs or alcohol
• Not associate with a particular person or people
• Not go to certain places, such as a persons house or a particular business
• Be supervised by a community corrections officer

A court cannot however impose any of the following additional conditions as part of a CCO:

• A home detention condition
• An electronic monitoring condition
• A curfew condition imposing a curfew exceeding 12 hours in any period of 24 hours

Further, if the offender is not present during sentencing, the Local Court cannot impose a CCO. A court cannot impose a CCO for a period of more than 3 years.

If the court suspects that an offender may have failed to comply with any conditions of a CCO, the court may:

• Issue a warrant for the offender’s arrest, or
• Authorize an authorized officer to issue a warrant for the offender’s arrest

If you are being sentenced for an offence, it is essential to seek advice from an experienced criminal defence lawyer.

If a court finds that you have breached a CCO, it may revoke the CCO and re-sentence you for the original offence. Courts consider the breach of a CCO to be extremely serious and a person who is found to have breached a CCO may be sent to prison.

For more information on sentencing, community corrections orders or to speak with a criminal defence lawyer, call George Sten & Co Criminal Lawyers. We are available 24 hours a day and can be contacted on (02) 9261 8640 or 0412 423 569.